CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are diploma-holder Junior Engineers. They have laid challenge to the notification dated 10.06.2011 (P1) whereby the Punjab Water Supply and Sanitation (Engineering Wing) Group A Services Rules, 2011 have been amended and separate quota for promotion to the posts of Sub Divisional Engineer has been provided in the following manner:-

(2.) The grievance of the petitioners is that no separate quota for Juniors Engineers possessing Degree in Engineering (15% in the instant case) ought to have been provided for promotion to the posts of Sub Divisional Engineer. They allege that all the Junior Engineers irrespective of their qualifications, constitute one homogenous class no further classification based upon their academic/professional qualifications is permissible. It is thus claimed that the impugned Rule to the extent of carving out a separate quota for the Degree-holder Junior Engineers is totally arbitrary and cannot stand to the test of `equality' within the meaning of Article 14 & 16(1) of the Constitution.

(3.) Learned Addl. AG, on the other hand, maintains that with a view to encourage better qualified persons in public employment, the State Government is well within its right to give incentive to the Degreeholders as it would enhance the quality of techno-professional duties assigned to Sub Divisional Engineers. He urges that Degree-holders J.Es. are distinct and altogether separate from Diploma-holder J.Es., hence the latter cannot seek parity with the former.